[Ord. No. 811-13 §I, 7-17-2013]
A.Â
Purpose. Pursuant to the City of Byrnes Mill, Missouri Building
Codes, the following standards, requirements and protocols are established
for the cleanup of illegal laboratories used to manufacture methamphetamine
which property owners are required to meet.
B.Â
Applicability. The requirements of this Section apply when
the owner of property that has been posted as an unsafe structure
or as a dangerous building receives notification from the Code Official
of the City of Byrnes Mill, Missouri that chemicals, equipment, or
supplies indicative of a drug laboratory were located at the property,
or when a drug laboratory is otherwise discovered, and the owner of
the property where the drug laboratory was located has received notice.
C.Â
AGENT OF THE OWNER
BUILDING
CHEMICAL STORAGE AREA
CODE OFFICIAL
CONTAMINANT
CONTAMINATION OR CONTAMINATED
CONTRACTOR
COOKING AREA
DANGEROUS BUILDING
DECONTAMINATION
DEPARTMENT
DISPOSAL
DOCUMENTATION
FUNCTIONAL SPACE
MEDIA
METHAMPHETAMINE
PERSON
PROPERTY
PROPERTY OWNER
REMOVAL
SUBSTRATE
UNSAFE STRUCTURE
VACUUM SAMPLE
WASTE DISPOSAL AREA
WIPE SAMPLE
Definitions. As used in this Section, the following terms
shall have these prescribed meanings:
A current employee or representative of the owner of record
who was in the employ of that owner at the time the property was determined
to be an illegal drug manufacturing site; or is a current employee
or representative of any new owner and who was a representative.
A structure which has the capacity to contain humans, animals,
or property.
Any area where chemicals used in the manufacture of methamphetamine
are stored or have come to be located.
The Director of Public Works of the City of Byrnes Mill,
Missouri or his designee.
A chemical residue that may present an immediate or long-term
threat to human health and the environment.
The presence of chemical residues which may present an immediate
or long-term threat to human health or the environment.
One (1) or more qualified individuals or commercial entities
hired to perform work in accordance with the requirements of this
protocol.
Any area where methamphetamine manufacturing is occurring
or has occurred.
A building, a structure or premises that have the defects contained in Chapter 505 of the City of Byrnes Mill, Missouri Building Code.
The process of reducing the level of contamination to the
lowest practical level using currently available methods. At a minimum,
decontamination must reduce contamination of specified substances
below the concentrations allowed by this protocol.
The City of Byrnes Mill Public Works and Code Enforcement.
Handling, transportation and ultimate disposition of materials
removed from contaminated properties.
Preserving a record of an observation through writings, drawings,
photographs, or other appropriate means.
A space where the spread of contamination may be expected
to occur relatively homogeneously, compared to other functional spaces.
The "functional space" may be a single room or a
group of rooms designated by an inspector who, based on professional
judgment, considers the space to be separate from adjoining areas
with respect to contaminant migration. Typical examples of functional
spaces include a crawl space, an attic, and the space between dropped
ceiling and the floor or roof deck about.
A physical material onto which sample substrate is collected.
Media includes gauze, glass fiber filters, etc.
Dextro-methamphetamine, levo-methamphetamine, and unidentified
isomers of the same, any racemic mixture of dextro/levo methamphetamine,
or any mixture of unidentified isomers of methamphetamine. The term
includes derivatives, conjugates, oxides and reduced forms of the
basic structure associated with the formation of methamphetamine.
For the purposes of this protocol, this term includes amphetamine,
ephedrine and pseudoephedrine.
Any individual, public or private corporation, partnership,
or association.
Anything that may be subject of ownership or possession,
including, but not limited to, land, buildings, structures, vehicles
and personal belongings.
The purposes of real property, the person holding fee title
to real property. "Property owner" also means the
person holding title to a manufactured home. With respect to personal
property, the term means the person who lawfully owns such property.
The taking out or stripping of material or surfaces to eliminate
the potential for exposure to contaminants on or in the material or
surfaces.
The material being collected. Substrates may include soils,
water, painted surfaces, carpet or carpet debris, unidentified powders,
dust, etc.
Any structure in violation of the City of Byrnes Mill, Missouri
Building Code the use of which constitutes a hazard to safety, health
or public welfare as defined therein.
A non-airborne dust sample collected from a known surface
area of a porous surface or material using standard micro-vacuum sampling
techniques.
Any area where chemicals used or generated in the manufacture
of methamphetamine are disposed or have come to be located.
A surface sample collected by wiping a sample media on the
surface being sampled.
D.Â
Assessment. When law enforcement personnel discover property where methamphetamine has been produced, or where the equipment and chemicals to produce methamphetamine are present in sufficient quantities to warrant enforcement action, they will take samples using a methamphetamine field test kit. The field test used shall be approved by the Code Official and shall measure the presence of methamphetamine residue on surfaces at a level that is at least as high as the level established in Subsection (F) below. This assessment shall be performed by personnel who the Chief has determined are appropriately trained and the assessment shall include, but not be limited to, the following:
1.Â
Assessment
of the number and type of structures present on the property where
methamphetamine may have been produced.
2.Â
Identification
of structural features that may indicate separate functional spaces,
such as attics, false ceilings and crawl spaces, basements, closets
and cabinets.
3.Â
Identification
of the manufacturing methods based on observations, reports from law
enforcement personnel and knowledge of manufacturing methods.
4.Â
Identification
of possible areas of contamination based on visual observation, reports
from law enforcement personnel, proximity to chemical storage areas,
waste disposal areas, or cooking areas, signs of contaminations such
as staining, etching fire damage, outdoor areas of dead vegetation
or based on the professional judgment of the person collecting the
samples.
5.Â
Identification
of adjacent units and common areas to determine the likelihood that
contamination has spread or may have been tracked.
6.Â
Identification
of common ventilation systems with adjacent units or common areas.
On the basis of the analysis of these areas and the judgment
of the person collecting the data, a sampling plan will be formulated
to determine the areas with the greatest probability of containing
the highest possible concentrations of contaminants. Samples will
be taken with techniques that are appropriate for the surface being
sampled using media and testing kits designed to detect the presence
of methamphetamine, the results of which are determined at the time
the samples are collected.
If the field test reveals the presence of methamphetamine at
levels in excess of the levels established herein, the structure shall
be considered unsafe for human habitation and it will be posted as
an unsafe structure by the City of Byrnes Mill Code Enforcement Division
personnel. A structure or unit that is posted as unsafe shall not
be occupied until the Code Official orders that status removed.
E.Â
Procedures For Assessment, Sampling And Testing.
1.Â
While
posting of the structure constitutes notice, the Code Official shall
also attempt to contact the owner of record of the affected property,
or the owner's agent, by providing personal service. If the owner
or agent cannot be contacted personally, a letter will be sent by
certified mail with return receipt requested and by regular mall.
Whether the certified mail is collected or the regular mail is returned
to the Code Official as undeliverable, the City shall proceed on the
basis of the posted notice.
2.Â
Notice
shall inform the owner to contact the Code Enforcement Division to
establish a schedule for decontaminating the structure. If the owner
does not contact the City within the time specified in the notice,
the Code Official may request AmerenUE to disconnect the electric
service to ensure the structure is not re-occupied until decontamination
is performed.
3.Â
If the
owner contacts the City within the prescribed period, the owner may
request permission to have the property retested. If the owner chooses
to retest the property, the owner must employ the services of a company
that the Code Official shall determine is qualified to perform sampling
and to analyze the samples. If the owner chooses to hire a company
to collect new samples, a qualified inspector for the City must be
present when the samples are taken and the owner shall pay an inspection
fee of forty dollars ($40.00), payment of which must be made prior
to removal of the unsafe structure declaration. The results of the
analysis shall be provided to the Code Official.
4.Â
Testing
shall be performed in accordance with the appropriate Sections of
the U.S. Environmental Protection Agency Voluntary Guidelines for
Methamphetamine Laboratory Cleanup, August, 2009.
F.Â
Contamination Levels. A structure will be considered unsafe
and non-compliant if it is found to contain more than the following
levels of any of these chemicals:
1.Â
Methamphetamine
in concentration equal to or greater than one and one-half (1.5) µgram/100cm2.
2.Â
If it
is determined that the phenyl-2-propanone (P2P) method of methamphetamine
manufacturing was used, surface levels for lead in excess of twenty
(20) µg/ft2 and vapor samples for
mercury in excess of fifty (50) ng/m.
G.Â
Decontamination.
1.Â
If testing
reveals the presence of contamination in levels that exceed the standards
set forth in this Section, the owner is required to hire a qualified
contractor to decontaminate the structure and shall advise the Code
Official of the schedule for decontamination. At a minimum, to be
qualified to perform decontamination, contractors and all personnel
must have completed the forty (40) hour Hazardous Waste Operations
and Emergency Response (HAZWOPER) training (Occupational Safety and
Health Administration (OSHA) 29 CFR 1910) and a clandestine drug lab
assessment and decontamination course that is provided by a sponsor
acceptable to the Code Official.
2.Â
The
schedule for the work and evidence that the contractor has met the
minimum training requirement must be submitted for approval to the
Code Official within forty-eight (48) hours of the receipt of notice.
Approval will be based solely on the timeliness of the schedule and
the qualifications of the contractor. Approval or rejection of the
schedule will be provided within twenty-four (24) hours of submission.
If rejected, the owner will be informed of specific reasons for the
rejection and will be required to amend the schedule or the proposed
contractor. Decontamination shall be performed in accordance with
the appropriate Sections of the U.S. Environmental Protection Agency
Voluntary Guidelines for Methamphetamine Laboratory Cleanup (August,
2009).
3.Â
If the owner of property determined to be in violation of the minimum allowable levels of chemicals as provided in this protocol fails to voluntarily mitigate the violation, the Code Official may serve a notice of violation and proceed in accordance with Section 505.060 Duties Of Building Inspectors or may declare the structure a dangerous building and proceed in accordance with Chapter 505 Dangerous Buildings of the Building Code. The Code Official may request AmerenUE to disconnect electrical service until the decontamination is complete.
H.Â
Post-Decontamination Sampling. When the owner arranges for
decontamination, following the completion of the work, the owner will
notify the City that the work is complete and schedule a time for
post-remediation testing. The structure must be tested in the presence
of a qualified inspector for the City. The owner must provide test
results as evidence that the property is compliant with this regulation.
Should the results of the post-remediation sampling show the presence
of methamphetamine in excess of the standards established by this
Chapter, further steps shall be taken to decontaminate the structure
and additional testing shall be done in the presence of a qualified
inspector for the City. Each time an inspector from the City is present,
the owner shall pay an inspection fee of forty dollars ($40.00). The
post-remediation sampling and testing must be performed by a company
the Code Official has determined to be qualified and done in accordance
with the appropriate Sections of the U.S. Environmental Protection
Agency Voluntary Guidelines for Methamphetamine Laboratory Cleanup,
August, 2009.
I.Â
Final Action. After the property has been decontaminated
and the Code Official is in possession of evidence that the pertinent
chemical levels are below the levels established by this regulation,
the structure will be considered safe and suitable for human habitation.
If electric service has been disconnected, the Code Official will
notify AmerenUE that the unsafe condition has been mitigated and the
service can be restored. The property owner shall be responsible for
any re-connection fees.